HomeMy WebLinkAbout09-5998
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant.
-----------------------------------------
ATTORNEYS FOR DEFENDANT
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 64- 9448 Civ?1 Tprw.
ENTRY OF APPEARANCE, PRAECIPE FOR
ASSESSMENT OF DAMAGES AND CONFESSION OF JUDGMENT
TO THE PROTHONOTARY:
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached as Exhibit "B" to the Complaint filed in this action, I appear for the Defendant
named above.
I hereby confess judgment in favor of Plaintiff Interim Holdings LLC (hereinafter
referred to as "Interim") , and against the Defendant Constantinos Malios, by virtue of the
aforementioned Warrant of Attorney. Kindly assess damages against the Defendant in the
amount of $290,273.12 plus costs of suit comprised as follows:
6
Principal
Accrued Interest as of 8/20/09
Late Charges
Attorneys Fees (15% of principal
pursuant to Note)
TOTAL AMOUNT DUE:
$249,867.07
1,926.00
1000.00
37.480.05
$290,273.12
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By:
oi!7 " --
PHILLIP D. BERGER, ESQUIRE
Dated: Attorneys for Defendant
7
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C:\Interim\GreaterFaith\ConfessionGua.doc
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
-----------------Defendant_----------------
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. OR - 5x% Civil leri,
COMPLAINT IN CONFESSION OF JUDGMENT
1. Plaintiff Interim Holdings LLC (hereinafter referred to as "Interim") is a Florida
limited liability company at an address at c/o Capital Servicing, Inc., 50 Portland Pier, Suite 400,
Portland, Maine.
2. Defendant Constantinos Malios ("Malios") is upon information and belief an adult
individual last known residing at 715 Sandbank Road, Mount Holly Springs, Pennsylvania.
3. On or about April 10, 2006, Interim provided a loan in the principal sum of
$261,500.00 (the "Loan") to Greater Faith Ministries Inc. ("Greater Faith"), a Pennsylvania
corporation, in accordance with the terms and conditions of that certain promissory note dated April
10, 2006 (the "Note"). A true and correct copy of the original Note is attached hereto and made a
part hereof as Exhibit "A".
4. In order to induce Interim to provide the Loan to Greater Faith, Defendant Malios
agreed to become a guarantor of Greater Faith's obligations due to Interim Holdings in accordance
with the terms and conditions of that certain guaranty and suretyship agreement dated April 10, 2006
(the "Guaranty'). A true and correct copy of the Guaranty is attached hereto and made a part hereof
as Exhibit "B".
5. Interim is the maker and holder of the instruments attached hereto as Exhibits "A"
and "B"
6. Judgment has not been entered on the instrument attached hereto as Exhibit "B" in any
other jurisdiction.
7. Greater Faith is in default of its obligations to Interim by virtue of various events,
including, without limitation, its failure to make payment when due of amounts payable on the Note.
8. Defendant Malios is in default of his obligations under the Guaranty by failing and
refusing to cure Greater Faith's default.
9. Due to the Defendant's default, the sum of $290,273.12 comprised as follows is
immediately due and payable:
Principal $249,867.07
Accrued Interest as of 8/20/09 1,926.00
Late Charges 1000.00
Attorneys Fees (15% of principal
pursuant to Note) 37,480.05
TOTAL AMOUNT DUE: $290,273.12
10. This matter is not being filed against natural persons in connection with a consumer credit
transaction.
2
WHEREFORE, Plaintiff, Interim Holdings LLC, demands judgment in its favor and against
Defendant Constantinos Malios in the amount of $290,273.12 together with costs of suit.
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By:
PHILLIP D. BERGER, ESQUIRE
Dated:
/a?/
3
EXHIBIT A
C-UnterimlRedeemingChristlan\Confession0£fudgmentPromissoryNote.doc
CONFESSION OF JUDGMENT PROMISSORY NOTE
()I
EFFECTIVE this . day of Mfireh, 2006, GREATER FAITH MINISTRIES, INC., a
Pennsylvania corporation with a mailing address of P.O. Box 4114, Harrisburg, Pennsylvania 17111
(AMaker@) promises to pay to the order of INTERIM HOLDINGS LLC, a Florida limited liability
corporation (the APayee@), c/o Capital Servicing, Inc., 50 Portland Pier, Suite 400, Portland, ME
04101, or such other place as the Payee shall designate, the principal sum of Two Hundred Sixty One
Thousand Five Hundred Dollars ($261,500.00) (the "Principal") legal tender of the United States of
America with interest at the Interest Rate (as defined herein) on amounts advanced as follows:
1. INTEREST RATE
Except as otherwise provided herein, the interest rate on the unpaid Principal amount
evidenced hereby shall be charged, from day to day, at Prime Rate plus 1.0% (the Alnterest Rated).
Interest will be calculated on the basis of the actual number of days elapsed and a three hundred sixty
(360) day year "Prime Rate" means that rate as set forth in the Wall Street Journal and is a floating
rate. The initial interest rate being charged to Maker as of the date of this Note is 8.75%.
2. PAYMENT SCHEDULE
(a) On May 1, 2006 and on the first day of each consecutive month thereafter
through the March 1, 2008 payment, Maker shall pay Payee all interest which has accrued on the
Principal, pursuant to the Interest Rate set forth above, and any late fees and/or costs, if any, incurred
as set forth herein.
(b) A final balloon payment of the entire unpaid balance of Principal, plus any
unpaid interest accrued thereon, and any costs or fees due pursuant to this Note (the "Final
Payment") will be due and payable on March 31, 2008 (the "Maturity Date").
(c) Each monthly payment prior to the Final Payment shall be applied first to the
payment of Late Charges due pursuant to this Note, then to any other unpaid amounts due under this
Note other than interest, then to accrued, unpaid interest. For the Final Payment, all monies received
shall be applied first to the payment of Late Charges due pursuant to this Note, then to any other
unpaid amounts due under this Note other than interest, then to accrued, unpaid interest, then to the
outstanding Principal due.
3. PREPAYMENT FEE
Notwithstanding anything herein to the contrary, Maker shall have the privilege to
prepay the unpaid balance of Principal, in whole or in part, together with accrued and unpaid interest,
late charges and costs due, at any time without penalty.
4. LATE CHARGES, COMPLIANCE, AND ACCOUNTING
Maker warrants and represents that this Note is lawfully executed and delivered.
Maker further covenants and agrees that until payment of all sums due under this Note, Maker will:
In the event any scheduled payment of interest and Principal shall not be paid within
fifteen (15) days of the date due, Maker shall pay to Payee the sum of five cents ($.05) for every
dollar overdue (the "Late Charge") to reimburse Payee for the additional expense incurred by Payee
incident to such delinquency. Payment of the Late Charge shall not obligate Payee to accept any
overdue payment hereunder, nor limit the rights and remedies available to Payee as a result of
Maker's default as hereinafter provided.
5. EVENTS OF DEFAULT
The occurrence of any of the following events shall constitute a default hereunder
(hereinafter collectively referred to as "Events of Default" and individually as an "Event of Default"):
(a) Failure of the Maker or any Guarantor to pay when due any payment of
interest, Principal, Late Charges, legal fees, expenses, or costs (collectively, the "Indebtedness") or
any other monies due Payee as provided in this Note or the failure to pay when due any other sums
required to be paid herein or under the provisions of the Other Loan Documents.
(b) (i) Any proceeding under the Bankruptcy Code or any law of the United
States or of any state relating to insolvency, receivership, reorganization or debt adjustment is
instituted by Maker or any Guarantor named in the Guaranty and Suretyship Agreement; or
(ii) Such proceeding is instituted against Maker or any Guarantor is
consented to by Maker or Guarantor or remains undismissed for thirty (30) days; or
(iii) An Order for Relief is entered against the Maker or any Guarantor; or
(iv) A trustee or receiver is appointed for any substantial part of the
property of the Maker or any Guarantor; or
(v) A custodian, as that term is defined in Section 101 (11) of the
Bankruptcy Code, is appointed to take charge of all or less than all of the property of the Maker or
Guarantor; or
(vi) Maker or any Guarantor makes an assignment for the benefit of
creditors or becomes insolvent; or
(vii) If a judgment is obtained upon any property of Maker or any Guarantor
and remains undismissed for thirty (30) days; or
(viii) If a complaint in foreclosure or writ of execution or attachment is filed
in reference to the Property or their leasehold interests or the rents derived therefrom.
(c) Any statement, certification, report, representation or warranty made or
furnished by or on behalf of the Maker or any Guarantor, in connection with the making of the Loan
evidenced by this Note and/or in compliance with the provisions hereof or of the Other Loan
Documents, is false, misleading or erroneous in any material respect.
(d) Failure of Maker or any Guarantor to observe and perform any of the other
terms, covenants and conditions of this Note or of the Other Loan Documents, or in the case of any
other document held as security by Payee for the indebtedness evidenced by this Note, such failure
by any party obligated to Payee thereunder.
(e) The occurrence of an Event of Default under any of the Other Loan
Documents.
(f) The occurrence of an Event of Default under any other loan made by Payee to
Maker or to any Guarantor
6. REMEDIES
(a) Upon the occurrence of an Event of Default, at the option of Payee, the total
unpaid Principal and the interest thereon, and all other sums payable under this Note shall be
accelerated and become due and payable immediately, and Payee may forthwith and without demand
exercise or cause to be exercised the warrant as hereinafter set forth, without further stay, any law,
usage or custom to the contrary notwithstanding.
(B) UPON DEFAULT, MAKER HEREBY IRREVOCABLY AUTHORIZES
AND EMPOWERS THE PROTHONOTARY, THE CLERK, OR ANY ATTORNEY OF ANY
COURT OF RECORD IN THE UNITED STATES OF AMERICA OR ELSEWHERE TO APPEAR
FOR, AND BE ATTORNEY FOR MAKER, AS WELL AS FOR THE PERSONS CLAIMING BY
OR THROUGH MAKER IN ANY SUCH COURT IN ANY SUCH ACTION BROUGHT
AGAINST MAKER, AT THE SUIT OF PAYEE, A SERIES OF JUDGMENTS AGAINST
MAKER AND ALL PERSONS CLAIMING UNDER, BY, OR THROUGH MAKER, FOR WHICH
THIS INSTRUMENT (OR A COPY THEREOF VERIFIED BY AFFIDAVIT) SHALL BE A
SUFFICIENT WARRANT, AGAINST MAKER IN FAVOR OF PAYEE OR ANY OTHER
HOLDER THEREOF, AT ANY TIME OR TIMES, UNDER ANY TERM OR TERMS OF
COURT, FOR THE UNPAID BALANCE OF THE PRINCIPAL INTEREST, A LEGAL FEE
EQUAL TO FIFTEEN PERCENT (15%) OF THE UNPAID PRINCIPAL AT TIME OF
JUDGMENT OR FIVE THOUSAND DOLLARS ($5,000.00), WHICHEVER IS GREATER,
EXPENSES, AND WITH COSTS OF SUIT UPON SAID JUDGMENT OR JUDGMENTS, ONE
OR MORE EXECUTIONS MAY ISSUE FORTHWITH UPON FAILURE OF MAKER, OR OF
ANY GUARANTOR OF THE INDEBTEDNESS, TO COMPLY WITH ANY OF THE TERMS
AND CONDITIONS OF THIS NOTE OR OF ANY OF THE SECURITY DOCUMENTS GIVEN
TO SECURE ITS PAYMENT, OR OF ANY OTHER AGREEMENT MADE BY MAKER OR BY
ANY SUCH GUARANTOR IN CONNECTION WITH THE INDEBTEDNESS OR SUCH
SECURITY DOCUMENTS, INCLUDING, WITHOUT LIMITATION, ANY MORTGAGE,
SECURITY AGREEMENT OR LIKE DOCUMENT.
(c) THE PRECEDING PARAGRAPH SETS FORTH A WARRANT OF
AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, AS
WELL AS FOR THE PERSONS CLAIMING UNDER, BY, OR THROUGH MAKER, TO
APPEAR FOR MAKER, AND ALL PERSONS CLAIMING UNDER, BY, OR THROUGH
MAKER. THE MAKER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO
CONSULT) SEPARATE COUNSEL, AND WITH THE KNOWLEDGE OF THE LEGAL EFFECT
HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY, AND
UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE
TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE
CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE
COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY
ACKNOWLEDGED BY THE MAKER THAT THE PAYEE HAS RELIED ON THIS WARRANT
OF ATTORNEY IN RECEIVING THIS NOTE AND AS AN INDUCEMENT TO GRANT
FINANCIAL ACCOMMODATIONS TO THE MAKER.
(d) MAKER HEREBY ACKNOWLEDGES THAT BY AGREEING TO THE
FOREGOING CONFESSION OF JUDGMENT AND WARRANT OF ATTORNEY, MAKER
WAIVES THE RIGHT TO NOTICE AND A PRIOR JUDICIAL PROCEEDING TO DETERMINE
MAKER'S RIGHTS AND LIABILITIES, AND FURTHER ACKNOWLEDGES THAT PAYEE
MAY, UPON DEFAULT, SUBJECT TO SUCH NOTICE REQUIREMENTS WHICH ARE
HEREIN EXPRESSLY PROVIDED, IF ANY, OBTAIN A JUDGMENT FOR MONIES AGAINST
MAKER WITHOUT THE PRIOR KNOWLEDGE OR CONSENT OF MAKER, AND WITHOUT
ANY OPPORTUNITY OF MAKER TO RAISE ANY DEFENSE, SET-OFF, COUNTER-CLAIM,
OR OTHER CLAIM THAT MAKER MAY HAVE. MAKER KNOWINGLY, VOLUNTARILY,
AND INTENTIONALLY GRANTS PAYEE THE FOREGOING RIGHT TO CONFESS
JUDGMENT AND WARRANT OF ATTORNEY AS AN EXPLICIT AND MATERIAL PART OF
THE CONSIDERATION BARGAINED FOR BETWEEN MAKER AND PAYEE. MAKER
UNDERSTANDS, AMONG OTHER THINGS, THAT MAKER IS RELINQUISHING THE
RIGHT TO HAVE NOTICE, AN OPPORTUNITY TO BE HEARD, AND TO HAVE THE
BURDEN AND EXPENSE OF PROOF OF DEFAULT REST ON THE PAYEE HEREOF PRIOR
TO THE ENTRY OF JUDGMENT. MAKER ACKNOWLEDGES THAT THE ENTRY OF
JUDGMENT WILL RESULT IN A LIEN ON THE MAKER'S PROPERTY . THE MAKER WILL
BEAR THE BURDEN AND EXPENSE OF ATTACKING, OPENING, AND/OR STRIKING THE
JUDGMENT AND CHALLENGING ANY EXECUTION ON THE LIEN AND SALE OF THE
PROPERTY EXECUTED UPON BY PAYEE, AS A RESULT OF THE JUDGMENT, AND
UNDERSTANDS THAT ENOUGH OF THE MAKER'S PROPERTY WILL BE TAKEN TO PAY
THE PRINCIPAL, INTEREST, COSTS, AND LEGAL FEES OWED TO THE PAYEE OR
HOLDER OF THIS NOTE PURSUANT TO THE PROVISIONS HEREIN.
(e) MAKER ACKNOWLEDGES THAT THE COLLECTION OF THE
JUDGMENT MAY BE ACCOMPANIED BY THE ISSUANCE OF A WRIT OF EXECUTION,
GARNISHMENT, AND OTHER LEVY WITHOUT PRIOR NOTICE AND HEARING AND
INVOLVE SEIZURE OF MAKER'S PROPERTY BY AGENTS AND EMPLOYEES OF THE
GOVERNMENT.
(f) THE AUTHORITY MAKER HAS GRANTED BY THE PROVISIONS OF
THE IMMEDIATELY PRECEDING PARAGRAPH SHALL NOT BE EXHAUSTED BY ONE
EXERCISE THEREOF, AND MAKER SPECIFICALLY AGREES THAT PAYEE, OR ANY
OTHER HOLDER THEREOF, MAY CAUSE JUDGMENTS TO BE CONFESSED FROM TIME
TO TIME SO LONG AS ANY PORTION OF THE INDEBTEDNESS SHALL BE UNPAID
WHENEVER AND SO OFTEN AS PAYEE OR SUCH HOLDER MAY ELECT IN THEIR SOLE
DISCRETION.
(g) MAKER AGREES THAT THIS NOTE WAS MADE IN THE
COMMONWEALTH OF PENNSYLVANIA AND JUDGMENT MAY BE CONFESSED IN
THAT STATE OR ELSEWHERE.
7. REPRESENTATIONS AND WARRANTIES
Maker further covenants and agrees as follows:
(a) All rights and remedies hereby granted or otherwise available to Payee shall be
cumulative and concurrent and may be pursued singly, successively or together at Payee's sole
option, and may be exercised from time to time and as often as occasion therefor shall occur until the
indebtedness hereby evidenced, with all interest thereon, is paid in full; and the failure to exercise
any such right or remedy shall in no event be construed as a waiver or release of same by Payee of all
of them. Payee may resort to any security Payee holds in such order and manner as Payee sees fit.
(b) If at any time Payee shall deem or shall be advised that any further
instruments, documents or acts or things are necessary to vest or confirm any right or remedy herein
granted, Maker will execute, acknowledge when appropriate, and deliver any such instrument or
document and do or cause to be done any act or thing reasonably deemed necessary by Payee for any
such purpose.
(c) If Payee shall refer all or any of the Loan Documents to counsel as a result of
an Event of Default by Maker, then Maker shall reimburse Payee for reasonable attorney's fees and
costs incurred, and if at any time judgment be entered under this Note, then an attorney's fee of
fifteen percent (15%) of all unpaid Principal, but not less than Five Thousand Dollars ($5,000.00),
shall be payable by Maker to Payee and shall be computed upon and be recovered in addition to all
Principal, interest, expenses and other recoverable sums then due, in addition to costs of suit. A
tender of the amount necessary to satisfy the entire Indebtedness due pursuant to this Note, paid at
any time following an Event of Default or acceleration, including at foreclosure sale, shall be deemed
a voluntary prepayment.
(d) From the maturity of the obligation evidenced hereby, as well as upon the
occurrence of an Event of Default, until final payment of all sums owed under this Note, the unpaid
Principal balance and all other sums due hereunder shall bear interest at the rate of five percent (5%)
in excess of the Prime Rate plus 1 % (the "Excess Rate"). Notwithstanding the provisions of 42 Pa.
CSA §8101 to the contrary, the Excess Rate shall apply to all monies due Payee by Maker before and
after an Event of Default and entry of a judgment against Maker (whether by confession of
judgment(s) under a warrant of attorney, in a foreclosure action, or otherwise), and said judgment
shall bear interest at the Excess Rate until it is paid and satisfied in full.
(e) If Maker fails to keep, observe and perform any of the terms, covenants and
conditions contained herein, or in the Other Loan Documents, or in any other document held as
security by Payee for the indebtedness evidenced by this Note in accordance with the terms and
provisions thereof, Payee may, in its discretion and without any obligation or duty to do so and
without waiving any default, perform any such term, covenant or condition in part or in whole, and
any such sum advanced or expended by Payee toward the fulfillment of such terms, covenants, and
conditions, shall be due on demand and become a part of and added to the Indebtedness due under
this Note, with Interest thereon at the Excess Rate.
8. MISCELLANEOUS PROVISIONS
(a) (i) All written notices to be given by either party to the other
shall be sent by (i) overnight courier service or by (ii) certified mail, return receipt requested in either
event.
(ii) Any notice by Maker to Payee shall be addressed to the
address for Payee set forth in this Note or any future address given in writing by Payee to Maker
pursuant to Paragraph 8(a)(i).
(iii) Any notice by Payee to Maker shall be addressed to Maker at the
address set forth in this Note or any future address given in writing by Maker to Payee pursuant to
Paragraph 8(a)(i) for Maker.
(iv) The effective date of any such written notice shall be the earlier of
(a) two (2) business days after the date such notice is sent; or
(b) the date of receipt by the party to whom it is addressed.
(v) The address to which notice may be given may be changed from
time to time by either party upon written notice to the other party, which notice will be effective two
(2) business days after the sending of such notice to the last effective address.
(b) To the extent permitted by law, Maker hereby waives and releases all errors,
defects and imperfections in any proceedings instituted by Payee under the terms of this Note
including, but not limited to, confession of judgment, as well as all benefit that might accrue to
Maker by virtue of any present or future laws exempting any real or person property, or any part of
the proceeds arising from any sale of any such property, from attachment, levy, or sale under
execution, or providing for any stay of execution, exemption from civil process, or extension of time
for payment.
(c) Upon the occurrence of an Event of Default, to the extent permitted by and in
addition to any other remedy provided by law, Payee shall have the right immediately and without
notice or other act to set off against any of Maker's obligations under this Note, any sum owed by
Payee in any capacity to Maker whether due or not, or any property of Maker in the possession of
Payee, and Payee shall be deemed to have exercised such right of set off and to have made a charge
against any such sum or property immediately upon the occurrence of the Event of Default.
(d) The use of the words "Maker", "undersigned" or "Payee" shall be deemed to
include the heirs, personal representatives, successors and assigns of the party or parties. The use of
any gender shall include all genders, the singular number shall include the plural, or the plural, the
singular, as the context may require.
(e) Maker waives presentment for payment, protest and demand, notice of protest,
demand and dishonor and non-payment of this Note, and all other notices in connection with the
delivery, acceptance, performance, default or enforcement of the payment of this Note, except as
otherwise expressly required of Payee herein, or in the Other Loan Documents.
(f) Maker agrees that its liability shall be unconditional, without regard to any
extension of time, renewal, waiver or modification granted or consented to by Payee. No extension
of the time for the payment of this Note or any installment hereof made by agreement with any
person or entity, now or hereafter liable for the payment of Phis Note, shall operate to release,
discharge, modify, change or effect the original liability under this Note either in whole or in part, of
any person or entity not a party to such agreement.
(g) Payee shall not be deemed, by any act of omission or commission,
to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by
Payee, and then only to the extent specifically set forth in writing. A waiver of one event shall not be
construed as continuing, or as a bar to or waiver of, any right or remedy to a subsequent event.
(h) Notwithstanding anything contained herein to the contrary, Maker does
not agree and shall not be obligated to pay an Interest Rate hereunder at a rate which is in excess of
the maximum rate permitted by law. If by the terms of this Note, Maker is at any time required to
pay interest at an Interest Rate in excess of such maximum rate, the Interest Rate under this Note
shall be deemed to be immediately reduced to the maximum legal rate and the portion of all prior
interest payments in excess of such maximum legal rate shall be applied to and shall be deemed to
have been payments in reduction of the unpaid Principal. Maker agrees that in determining whether
or not any interest payable under this Note pursuant to the Interest Rate exceeds the highest rate
permitted by law, any non-Principal payment including, without limitation, Late Charges, shall be
deemed to the extent permitted by law to be an expense, fee, premium or penalty, rather then interest.
W There is no limitation on the liability of the Maker. This is a recourse Note.
Payee shall have the right to seek and obtain a deficiency judgment against the Maker
0) If any one or more of the provisions of this Note including, but not limited to
confession of judgment, shall for any reason be held invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not effect any other provision hereof and this
Note shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
(k) Maker waives trial by jury.
(1) Maker hereby grants the Court of Common Pleas of Dauphin County,
Pennsylvania with the exclusive in personam jurisdiction and venue over Maker in reference to any
legal action filed by Maker in reference to the Loan Documents.
(m) If any revenue or personal property tax or other levy or tax is imposed
upon Payee as a result of this Note or any of the Other Loan Documents, Maker shall pay same on
behalf of Payee when due or, if Payee pays same as a result of Maker's failure to timely pay same,
the amount paid will be added to the Principal, bear interest at the Excess Rate until reimbursed by
Maker to Payee in full, and Maker's failure to timely reimburse Payee upon demand of Payee shall be
an Event of Default.
(n) This Note was made in Dauphin County, Pennsylvania.
(o) Time is of the essence for all dates and times herein.
(p) This is a business transaction.
(q) This Note and Other Loan Documents were negotiated and will not be
construed against the party whose counsel drafted same.
IN WITNESS WHEREOF, the undersigned Maker has hereunto set their hands and seals
the / 0 G day JZ , 2006.
WITNESS OR ATTEST:
MAKER:
GREATER FAITH MINISTRIES, INC.
z--D
BY: ' ?
Na'6: I?a td j o?rlf6t m v?
Title: ?a S: a2 J
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
i'
ON THIS, the 16day of 2006, before me, a Notary Public, personally appeared
3 . SIAMOthe ?Z?.. of GREATER FAITH MINISTRIES, INC., a
Pennsylvania corporation who, after being authorized to do so, voluntarily executed this Note on
behalf of the corporation for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
I dL4SEAL)
NOTARY PUBLIC/
I Notanal Seal
MicheAe L Brehm, Notary Public I
Susqueharma Twp., Dauphp County
My COmm"mon Expires Nov in 2006
Member Pannsylvan+a Association of K--•
C:1EnterimlRedeemingChristian\ConfessionOt7udgmentDisclosureand Waivat .doc
CAUTION: BY SIGNING THIS DOCUMENT, UNDERSIGNED IS GIVING UP
IMPORTANT LEGAL RIGHTS AND SHOULD CONSULT ITS ATTORNEY IN THE
EVENT IT HAS ANY QUESTIONS REGARDING THE LEGAL EFFECT OF THIS
DOCUMENT.
CONFESSION OF JUDGMENT DISCLOSURE
AND WAIVER FORM
Undersigned has, by executing a Confession of Judgment Promissory Note dated
p
t t , t to , 2006 (the "Note"), which contains a clause permitting judgment to be
confessed against it, given upon its right to notice, court trial and hearings. Accordingly, a
judgment may be entered against undersigned without its prior knowledge and regardless of any
claims it may have against Interim Holdings LLC for failure to comply with the Note or any other
agreement, or any other cause.
Also, after judgment is entered, the Sheriff may be instructed to seize, liquidate, and sell
undersigned's property (including, but not limited to, its personal property, bank accounts and
money) without a hearing or any prior notice to it of the judgment or such action. Accordingly,
undersigned's money or property or both may be promptly taken in order to pay the amount of
the judgment.
. . . . . . . . . 41.11 . . . . . . . . .
The undersigned freely, intelligently and knowingly waives its rights to allow
Interim Holdings LLC to exercise the above remedies and waives any defenses it may have
against such action to the fullest extent permitted by applicable law.
WITNESS GREATER FAITH MINISTRIES, INC.
BY: ?t ----„'
Tame: ,Pp,rr .?; /?ny?rrrr?
Title: '3,7
EXHIBIT B
C.` interim\RedcaningChristian\\GuarnntyAndSurayAgree3.doc
GUARANTY AND SURETYSHIP AGREEMENT
DATE: fit) , 2006
LENDER: Interim Holdings LLC
50 Portland Pier, Suite 400
Portland, Maine
BORROWER: Greater Faith Ministries, Inc.
AMOUNT Two Hundred Sixty One Thousand Five Hundred Dollars
OF LOAN:
($261,500.00)
GUARANTOR: Constantinos Mahos
To induce Lender to extend and/or modify the terns of the loan to Borrower, now or in the future, to secure the
observance, payment and performance of the Liabilities (as defined below), and with full knowledge that Lender would not
make or extend the financial accommodations without this Guaranty and Suretyship Agreement (together with any amendments
or modifications hereto in effect from time to time, the "Guaranty"), which shall be construed as a contract of suretyship, the
undersigned ("Guarantor") and, if there is more than one, each Guarantor, jointly and severally and unconditionally agrees as
follows:
LIABILITIES GUARANTEED.
Guarantor, jointly and severally, hereby guarantees and becomes surety to Lender for the full, prompt and
unconditional payment of the Liabilities (as defined below), when and as the same shall become due, whether at the stated
maturity date, by acceleration or otherwise, and the full, prompt and unconditional performance of each and every term and
condition of every transaction to be kept and performed by Borrower under the Loan Documents (as defined below), This
Guaranty is a primary obligation of each of the Guarantor and shall be a continuing inexhaustible Guaranty. Lender may
require the Guarantors to pay and perform its liabilities and obligations under this Guaranty and may proceed immediately
against Guarantor without being required to bring any proceeding or take any action against Borrower, any other guarantor or
any other person, entity or property prior thereto, the liability of Guarantor hereunder being joint and several, and independent
of and separate from the liability of Borrower, any other guarantor or person, and the availability of other collateral security for
the Note and the other Loan Documents.
DEFINITIONS.
2.1. "Affiliate" means Interim Holdings LLC and any of its direct and indirect affiliates and subsidiaries.
2.2. "Liabilities" means, collectively: (i) the repayment of all sums due under the Note (and all extensions,
renewals, replacements, substitutions, amendments and modifications thereof) and any other Loan Documents; (ii) the
performance of all terms, conditions and covenants set forth in the Loan Documents; and (iii) all obligations and indebtedness
of every kind and description of Borrower to Lender or to any Affiliate, whether primary or secondary, absolute or contingent,
direct or indirect, sole, joint or several, secured or unsecured, due or to become due, contractual or tortious, arising by
operation of law or otherwise, or now or hereafter existing, and whether incurred by Borrower as principal, surety, endorser,
guarantor, accommodation party or otherwise, including, without limitation, principal, interest, fees, late charges and expenses,
including attomeys' fees and/or allocated fees of Lender's legal counsel.
2.3. "Loan Documents" means, collectively, that cert in-Promissory Note dated r t ( ?o 1 hoar;, from
Borrower to Lender (the "Note"), that certain Mortgage dated t0 DLwL, (the "Mortgage") fromBorrowerto Lender,
that certain assignment of rents dated : t . a that ce infiled CC-1 agreement, this Guaranty and any other
guaranty, document, certificate or ins ent executed by Borrower, Guarantor or any other obligated party in connection with
the Loan, together with all amendments, modifications, renewals or extensions thereo£ The Loan Documents are hereby made
a part of this Guaranty to the same extent and with the same effect as if fully set forth herein.
2.4. Capitalized terms not otherwise defined herein shall have the same meanings as are given to such terms in the
Loan Agreement and the other Loan Documents.
3. REPRESENTATION AND WARRANTIES. Guarantor represents and warrants as of the date hereof and, unless
otherwise indicated, at all times hereafter until the Liabilities are fully paid and performed, as follows:
3.1. Organization. Powers. Guarantor (i) is an adult individual and is sui luriE (ii) has the power and authority
to execute, deliver and perform all of its obligations under this Guaranty and any other Loan Document to which it is a party.
3.2. Execution of Guaranty. This Guaranty and each other Loan Document to which each Guarantor is a party
have been duly executed and delivered by Guarantor. Execution, delivery and performance of this Guaranty and each other
Loan Document to which Guarantor is a party will not: (i) violate any of its organizational documents, provision of law, order
of any court, agency or instrumentality of government, or any provision of any indenture, agreement or other instrument to
which it is a party or by which it or any of its properties is bound; (ii) result in the creation or imposition of any lien, charge or
encumbrance of any nature, other than the liens created by the Loan Documents; and (iii) require any authorization, consent,
approval, license, exemption of, or filing or registration with, any court or governmental authority.
3.3. Oblizations of Guarantor. This Guaranty and each other Loan Document to which each Guarantor is a
party are the legal, valid and binding obligations of each Guarantor, enforceable against them in accordance with their terms,
except as the same may be limited by bankruptcy, insolvency, reorganization or other laws or equitable principles relating to or
affecting the enforcement of creditors' rights generally. The loans or credit accommodations made by Lender to Borrower and
the assumption by Guarantors of their obligations hereunder and under any other Loan Document to which Guarantor is a party
will result in material benefits to Guarantor. This Guaranty was entered into by Guarantor for commercial purposes.
3.4. Liti a ion• Compliance with Laws. There is no action, suit, or proceeding at law or in equity or by or
before any governments authority, agency or other instrumentality now pending or, to the knowledge of Guarantor, threatened
against or affecting Guarantor or any of their properties or rights which, if adversely determined, would materially impair or
affect: (i) the value of any collateral securing the Liabilities; (ii) Guarantor's right to carry on its business substantially as now
conducted (and as now contemplated); (iii) its financial condition; or (iv) its capacity to consummate and perform its
obligations under this Guaranty or any other Loan Document to which Guarantor is a party. Guarantor is in compliance with all
laws, ordinances, rules, regulations and requirements which affect Guarantor, their assets or the operation of their business, and
is not in violation of or in default with respect to any order, writ, injunction, decree or demand of any court or governmental
authority.
3.5. Payment of Taxes. Guarantors have filed or caused to be filed all federal, state and local tax returns which
are required to be filed, and have paid or caused to be paid all taxes as shown on said returns or on any assessment received by
it, to the extent that such taxes or assessments have become due, except such that are contested in good faith by Guarantor by
appropriate proceedings and for which adequate reserves have been established. Guarantor is not aware of any material
unasserted claims for prior taxes against it for which adequate reserves satisfactory to Lender have not been established.
3.6. No Defaults. Guarantor is not in default in the performance, observance or fulfillment of any of the
obligations, covenants or conditions contained herein or in any material agreement or instrument to which they are a party or by
which they or any of its properties is bound.
3.7. Financial Statements. All financial statements delivered by Guarantor to Lender are true, correct and
complete in all material respects, fairly represent Guarantor's financial condition as of the date hereof and thereof, and no
information has been omitted which would make the information previously furnished misleading or incorrect in any material
respect.
3.8. No Material Adverse Change. As of the date hereof, there has been no material adverse change in the
financial condition, operations, affairs, prospects or business of Guarantor from the date of the most recent financial statements
provided by Guarantor to Lender.
3.9. No Untrue Statements. No Loan Document or other document, certificate or statement famished to Lender
by or on behalf of Guarantor contains any untrue statement of a material fact or omits to state a material fact necessary in order
to make the statements contained herein and therein not misleading. It is specifically understood by Guarantor that all such
statements, representations and warranties shall be deemed to have been relied upon by Lender as an inducement to make the
Loan to Borrower.
3.10. Title to Property. Guarantor has good and marketable title to all of its properties and assets listed in the
most recent financial statements delivered to Lender on or prior to the date hereof, except as otherwise expressly described in
said financial statements, and except those properties and assets disposed of since the date of said financial statements in the
ordinary course of business.
NO LIMITATION OF LIABILITY.
4.1. Without incurring responsibility to Guarantor, and without impairing or releasing the obligations of
Guarantor to Lender, and without reducing the amount due under the terms of this Guaranty (except to the extent of amounts
actually paid to and legally retained by Lender), Lender may at any time and from time to time, without the consent of or notice
to Guarantor, upon any terms or conditions, and in whole or in part:
4.1.1. Change the manner, place or terms of payment of (including, without limitation, the interest rate and monthly
payment amount), and/or change or extend the time for payment of, or renew or modify, any of the Liabilities, any security
therefor, or any of the Loan Documents evidencing same, and the Guaranty herein made shall apply to the Liabilities and the
Loan Documents as so changed, extended, renewed or modified;
4.1.2. Sell, exchange, release, surrender, realize upon or otherwise deal with in any manner and in any order, any
property at any time pledged, mortgaged or in which a security interest is given to secure, or however securing, the Liabilities;
4.1.3. Exercise or refrain from exercising any rights against Borrower or others (including Guarantor) or against
any security for the Liabilities or otherwise act or refrain from acting;
4.1.4. Settle or compromise any Liabilities, whether in a proceeding or not, and whether voluntarily or
involuntarily, dispose of any security therefor (with or without consideration) or settle or compromise any liability incurred
directly or indirectly in respect thereof or hereof, and subordinate the payment of all or any part thereof to the payment of any
Liabilities, whether or not due, to creditors of Borrower other than Lender and Guarantor;
4.1.5. Apply any sums it receives, by whomever paid or however realized, to any of the Liabilities;
4.1.6. Add, release, settle, modify or discharge the obligation of any maker, endorser, guarantor, surety, obligor or
any other party who is in any way obligated for any of the Liabilities;
4.1.7. Accept any additional security for the Liabilities; and/or
4.1.8. Take any other action which might constitute a defense available to, or a discharge of, Borrower or any other
obligated party (including any Guarantor) in respect of the Liabilities.
4.2. The invalidity, irregularity or unenforceability of all or any part of the Liabilities or any Loan Document, or
the impairment or loss of any security therefor, whether caused by any action or inaction of Lender or any Affiliate, or
otherwise, shall not affect, impair or be a defense to any Guarantor's obligations under this Guaranty.
WAIVERS.
5.1. Waiver of Subrogation. Until such time as the Liabilities are paid in full, each Guarantor waives any
present or future claim, right or remedy to which any Guarantor is now or may hereafter become entitled which arises on
account of this Guaranty and/or from the performance by Guarantor of its obligations hereunder to be subrogated to Lender's
rights against Borrower or any other obligated party and/or any present or future claim, remedy or right to seek contribution,
reimbursement, indemnification, exoneration, payment or the like, or participation in any claim, right or remedy of Lender
against each Borrower or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy
arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or
property shall be paid or transferred to any Guarantor on account of such subrogation, contribution, reimbursement,
exoneration or indemnification at any time when all of the Liabilities have not been paid in full, each Guarantor shall hold such
funds or property in trust for Lender and shall segregate such funds from other funds of Guarantor and shall forthwith pay over
to Lender such funds and/or property to be applied by Lender to the Liabilities, whether matured or unmatured, in accordance
with the terms of the Loan Documents.
5.2. Waiver of Remedies. Guarantor waives the right to marshalling of Borrower's assets or any stay of
execution and the benefit of all exemption laws, to the extent permitted by law, and any other protection granted by law to
guarantors, now or hereafter in effect with respect to any action or proceeding brought by Lender against it.
5.3. Waiver of Defenses. Guarantor irrevocably waives all claims of waiver, release, surrender, alteration or
compromise and all defenses, set-offs, counterclaims, recoupments, reductions, limitations or impairments.
5.4. Waiver of Notice. Guarantor waives notice of acceptance of this Guaranty and notice of the Liabilities and
waives notice of default, non-payment, partial payment, presentment, demand, protest, notice of protest or dishonor, and all
other notices to which Guarantor might otherwise be entitled or which might be required by law to be given by Lender.
COVENANTS.
6.1. Mergers, Restructure. Guarantor shall not merge into, consolidate with or into, or sell, assign, lease or
otherwise dispose of (whether in one transaction or a series of transactions) all or substantially all of its assets (now owned or
hereafter acquired) to any person or entity, without the prior written consent of Lender.
6.2. Maintenance of Business. To the extent that Guarantor controls Borrower, Guarantor will not take or cause
to be taken any action or permit any inaction which will violate or cause a default or Event of Default under any of the Loan
Documents.
6.3. Books and Records. Guarantor shall keep and maintain complete and accurate books and records in
accordance with generally accepted accounting principles consistently applied, reflecting all of thg financial affairs of
Guarantor. Guarantor shall permit representatives of Lender to examine and audit Guarantor's books and records, to inspect
Guarantor's facilities and properties, and to discuss Guarantor's financial condition and the contents of Guarantor's financial
statements with Guarantor's accountants.
6.4. Financial Statements: Compliance Certificate.
6.4.1. Guarantor shall furnish to Lender the following financial information, in each instance prepared in
accordance with generally accepted accounting principles consistently applied:
(a) Not later than thirty (30) days after the end of each fiscal year, annual financial statements
of Guarantor including, without limitation, statements of financial condition, income and cash flows, a reconciliation of net
worth, a listing of all contingent liabilities, notes to financial statements and any other information requested by Lender,
prepared on a compilation basis by a certified public accountant acceptable to Lender.
(b) Not later than thirty (30) days after filing with the Internal Revenue Service, a true and
complete copy of the federal tax returns, including all schedules, of Guarantor.
(c) Such other information respecting the operations of Guarantor and/or the Mortgaged
Premises as Lender may from time to time reasonably request.
6.4.2. Guarantor shall furnish to Lender, with each set of financial statements described in Section 6.4.1.
above, a compliance certificate signed by Guarantor's chief financial officer certifying that: (i) all representations and
warranties of Guarantor set forth in this Guaranty or any other Loan Document remain true and correct; (ii) none of the
covenants of Guarantor contained in this Guaranty or any other Loan Document has been breached; and (iii) to their
knowledge, no event has occurred which, with the giving of notice or the passage of time, or both, would constitute an Event of
Default under this Guaranty or any other Loan Document. In addition, Guarantor shall promptly notify Lender of the
occurrence of any default, Event of Default, adverse litigation or material adverse change in its financial condition.
6.5. Taxes and Other Charges. Guarantor shall prepare and timely file all federal, state and local tax returns
required to be filed by Guarantor and promptly pay and discharge all taxes, assessments, water and sewer rents, and other
governmental charges imposed upon Guarantor or on any of Guarantor's property when due, but in no event after interest or
penalties commence to accrue thereon or become a lien upon such property, except for those taxes, assessments, water and
sewer rents, and other governmental charges then being contested in good faith by Guarantor by appropriate proceedings and
for which Guarantor has established on its books or by deposit of cash with Lender, at the option of Lender, a reserve for the
payment thereof in such amount as Lender may require, and so long as such contest: (i) operates to prevent collection, stay any
proceedings which may be instituted to enforce payment of such item, and prevent a sale of Guarantor's property to pay such
item; (ii) is maintained and prosecuted with due diligence; and (iii) shall not have been terminated or discontinued adversely to
Guarantor. Guarantor shall submit to Lender, upon request, an affidavit signed by Guarantor certifying that all federal, state
and local income tax returns have been filed to date and all real property taxes, assessments and other governmental charges
with respect to Guarantor's properties have been paid to date.
6.6. Security Interest in Property of Guarantor. Guarantor hereby grants to Lender alien upon and continuing
security interest in all property of Guarantor, now or hereafter in the possession of Lender or any Affiliate in any capacity
whatsoever, including, without limitation, any balance or share of any deposit, trust or agency account (whether general or
special, time or demand, matured or unrnatured, fixed or contingent, liquidated or unliquidated), and all property and assets of
Guarantor now or hereafter subject to a security agreement, pledge, mortgage, assignment or other document or agreement
granting Lender or any Affiliate a security interest therein or hen or encumbrance thereon ("Guarantor's Property"), as
security for the performance of this Guaranty and the payment of the Liabilities, which security interest shall be enforceable
and subject to all the provisions of this Guaranty, as if Guarantor's Property were specifically pledged hereunder, and the
proceeds of Guarantor's Property may be applied to payment of the Liabilities at any time following the occurrence of a default
or Event of Default under the Note, this Guaranty or any other Loan Document.
6.7. Indemnification.
6.7.1. Guarantor hereby indemnifies and agrees to protect, defend and hold harmless Lender, any entity
which "controls" Lender within the meaning of Section 15 of the Securities Act of 1933, as amended, or is under common
control with Lender, and any member, officer, director, official, agent, employee or attorney of Lender, and their respective
heirs, administrators, executors, successors and assigns (collectively, the "Indemnified Parties"), from and against any and all
losses, damages, expenses or liabilities of any kind or nature and from any suits, claims or demands, including reasonable
attorneys' fees incurred in investigating or defending such claim, suffered by any of them and caused by, relating to, arising out
of, resulting from, or in any way connected with the Loan Documents or the transactions contemplated therein (unless
determined by a final judgment of a court of competent jurisdiction to have been caused solely by the gross negligence or
willful misconduct of the Indemnified Parties) including, without limitation: (i) disputes with any architect, general contractor,
subcontractor, materiahnan or supplier, or on account of any act or omission to act by Lender in connection with the
Mortgaged Premises; (ii) losses, damages (including consequential damages), expenses or liabilities sustained by Lender in
connection with any environmental inspection, monitoring, sampling or cleanup of the Mortgaged Premises required or
mandated by any applicable environmental law; (iii) any untrue statement of a material fact contained in information submitted
to Lender by Guarantor or the omission of any material fact necessary to be stated therein in order to make such statement not
misleading or incomplete; (iv) the failure of Guarantor to perform any obligations herein required to be performed by
Guarantor; and (v) the ownership, construction, occupancy, operation, use or maintenance of the Mortgaged Premises.
6.7.2. In case any action shall be brought against Lender or any other Indemnified Party in respect to
which indemnity may be sought against Guarantor, Lender or such other Indemnified Party shall promptly notify Guarantor and
Guarantor shall assume the defense thereof, including the employment of counsel selected by Guarantor and satisfactory to
Lender, the payment of all costs and expenses and the right to negotiate and consent to settlement. The failure of Lender to so
notify Guarantor shall not relieve Guarantor of any liability it may have under the foregoing indemnification provisions or from
any liability which it may otherwise have to Lender or any of the other Indemnified Parties. Lender shall have the right, at its
sole option, to employ separate counsel in any such action and to participate in the defense thereof, all at Guarantor's sole cost
and expense. Guarantor shall not be liable for any settlement of any such action effected without its consent (unless Guarantor
fails to defend such claim), but if settled with Guarantor's consent, or if there be a final judgment for the claimant in any such
action, Guarantor agrees to indemnify and save harmless Lender from and against any loss or liability by reason of such
settlement or judgment.
6.7.1 The provisions of this Section 6.7. shall survive the repayment or other satisfaction of the
Liabilities.
6.8. Financial Covenants. Guarantor shall comply with the financial covenants, if any, hereinafter provided.
(Check Applicable Boxes)
0 Guarantor shall maintain its primary operating accounts at Lender.
11 Guarantor shall at all times maintain a tangible net worth of not less than $ as
determined in accordance with generally accepted accounting principles consistently applied.
? Guarantor shall not pledge, grant a security interest in, mortgage, assign, encumber or otherwise create a
lien on any of its property (whether real or personal, tangible or intangible, and now owned or hereafter acquired) in favor of
any person or entity other than Lender, except for those liens, security interests and encumbrances existing on the date hereof
and previously disclosed in writing to and approved by Lender.
Guarantor shall not make any loans or advances to any other person or entity, including without
limitation, officers, directors, shareholders, principals, partners or affiliates of Borrower or Guarantor.
? Guarantor shall not create, incur or assume any indebtedness for borrowed money other than existing
indebtedness previously disclosed to and approved by Lender.
11 Guarantor shall not assume, guarantee, endorse or otherwise become directly or contingently liable for
the obligations of any other person or entity except by endorsement of negotiable instruments for deposit or collection in the
ordinary course of business.
11 Guarantor shall not, whether voluntarily, involuntarily or by operation of law, sell, transfer, convey,
assign, pledge, encumber or grant a security interest in any ownership interests in Borrower to or in favor of any person or
-entity other than Lender.
EVENTS OF DEFAULT.
Each of the following shall constitute a default (each, an "Event of Default") hereunder:
7.1. Non-payment when due of any sum required to be paid to Lender under any of the Loan Documents;
7.2. A breach of the covenants contained in Sections 6.1., 6.2. and 6.5. hereof;
7.3. A breach by Guarantor of any other term, covenant, condition, obligation or agreement under this Guaranty,
and the continuance of such breach for a period of fifteen (15) days after written notice thereof shall have been given to
Guarantor;
7.4. Any representation or warranty made by Guarantor in this Guaranty shall prove to be false, incorrect or
misleading in any material respect as of the date when made; or
7.5. An Event of Default under any of the Loan Documents.
REMEDIES.
Upon an Event of Default, all liabilities of Guarantor hereunder shall become immediately due and payable without
demand or notice and, in addition to any other remedies provided by law, Lender may:
8.1. Enforce the obligations of Guarantor under this Guaranty.
8.2. To the extent permitted by and in addition to any other remedy provided by law, and regardless of the
adequacy of any collateral or other means of obtaining repayment of the Liabilities, Lender shall have the right immediately
and without notice or other act, and is specifically authorized hereby, to setoff against any of the Liabilities any sum owed by
Lender or any Affiliate in any capacity to Guarantor whether due or not, or any of Guarantor's Property, even if effecting such
setoff results in a loss or reduction of interest to Guarantor or the imposition of a penalty applicable to the early withdrawal of
time deposits. If such setoff creates an overdraft in any account held by Lender or any Affiliate, Lender may charge Guarantor
an administrative fee in an amount established from time to time by Lender. Lender shall be deemed to have exercised such
right of setoff and to have made a charge against Guarantor's Property immediately upon the occurrence of the Event of
Default, even though the actual book entries may be made at some time subsequent.
.8.3. Perform any covenant or agreement of Guarantor in default hereunder (but without obligation to do so) and
in that regard pay such money as may be required or as Lender may reasonably deem expedient. Any costs, expenses or fees,
including reasonable attorneys' fees and costs, incurred by Lender in connection with the foregoing shall be included in the
Liabilities guaranteed by hereby and secured by the other Loan Documents, and shall be due and payable on demand, together
with interest at the Default Rate (as defined and described in the Note), such interest to be calculated from the date of such
advance to the date of repayment thereof. Any such action by Lender shall not be deemed to be a waiver or release of
Guarantor hereunder and shall be without prejudice to any other right or remedy of Lender.
8.4. From time to time and to the extent permitted by law, without advertisement or demand upon or notice to
Borrower or Guarantor of right of redemption, to sell, re-sell, assign, transfer and deliver all or part of Guarantor's Property, at
any brokers' board or exchange or at public or private sale, for cash or on credit or for future delivery, and in connection
therewith may grant options and may impose reasonable conditions such as requiring any purchaser of any security so held to
represent that such security is purchased for investment purposes only. Upon each such sale, Lender may purchase all or any
part of Guarantor's Property being sold, free from and discharged of all trusts, claims, rights of redemption and equities of
Guarantor. In case of each such sale, or of any proceeding to collect any of the Liabilities, Guarantor shall pay all costs and
expenses of every kind for collection, sale or delivery, including reasonable attorneys' fees, and after deducting such costs and
expenses from the proceeds of sale or collection, Lender may apply any residue to the Liabilities and Guarantor shall continue
to be liable for any deficiency, with interest.
8.5. CONFESSION OF JUDGMENT.
8.5.1. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY
ATTORNEY TO CONFESS JUDGMENT AGAINST GUARANTOR. IN GRANTING THIS WARRANT OF ATTORNEY
TO CONFESS JUDGMENT AGAINST GUARANTOR, GUARANTOR, FOLLOWING CONSULTATION WITH (OR
DECISION NOT TO CONSULT) SEPARATE COUNSEL FOR GUARANTOR AND WITH KNOWLEDGE OF THE
LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY
WAIVES ANY AND ALL RIGHTS GUARANTOR HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY
FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA,
THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY
GUARANTOR THAT LENDER HAS RELIED ON THIS WARRANT OF ATTORNEY IN RECEIVING THIS
GUARANTY AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO BORROWER.
8.5.2. Upon and following the occurrence of an Event of Default, Guarantor hereby jointly and severally
authorizes and empowers any attorney of any court of record or the prothonotary or clerk of any county in the Commonwealth
of Pennsylvania, or in any jurisdiction where permitted by law or the clerk of any United States District Court, to appear for
Guarantor in any and all actions which may be brought hereunder and enter and confess judgment against Guarantor or any of
them in favor of Lender for such sums as are due or may become due hereunder or under any other Loan Document, together
with costs of suit and actual collection costs including, without limitation, reasonable attorneys( fees equal to fifteen percent
(15%) of the principal due on the promissory note, but in no event less than $5,000, with or without declaration, without prior
notice, without stay of execution and with release of all procedural errors and the right to issue executions forthwith. If a copy
of this Guaranty verified by affidavit of any officer of Lender shall have been filed in such action, it shall not be necessary to
file the original thereof as a warrant of attorney, any practice or usage to the contrary notwithstanding. The authority herein
granted to confess judgment shall not be exhausted by any single exercise thereof, but shall continue and may be exercised
from time to time as often as Lender shall find necessary and desirable and at all times until full payment of all amounts due
hereunder and under the other Loan Documents. Lender may confess one or more judgments in the same or different
jurisdictions for all or any part of Guarantor(s obligations arising hereunder or under any other Loan Document to which
Guarantor is a party, without regard to whether judgment has theretofore been confessed on more than one occasion for the
same obligations. In the event that any judgment confessed against Guarantor is stricken or opened upon application by or on
behalf of Guarantor for any reason, Lender is hereby authorized and empowered to again appear for and confess judgment
against Guarantor for any part or all of the Liabilities due and owing under this Guaranty and the other Loan Document, as
herein provided.
CONTINUING ENFORCEMENT OF GUARANTY.
9.1. If, after receipt of any payment of all or any part of the Liabilities, Lender is compelled or agrees, for
settlement purposes, to surrender such payment to any person or entity for any reason (including, without limitation, a
determination that such payment is void or voidable as a preference or fraudulent conveyance, an impermissible setoff, or a
diversion of trust funds), then this Guaranty and the other Loan Documents shall continue in full force and effect or be
reinstated, as the case may be, and Guarantor shall be liable for, and shall indemnify, defend and hold harmless Lender with
respect to the full amount so surrendered. The provisions of this Section shall survive the termination of this Guaranty and the
other and return Loan Documents and shall remain effective notwithstanding the payment of the Liabilities, the cancellation
of the Note, this Guaranty or any other Loan Document, the release of any security interest, lien or encumbrance securing the
Liabilities or any other action which Lender may have taken in reliance upon its receipt of such payment. Any cancellation,
release or other such action shall be deemed to have been conditioned upon any payment of the Liabilities having become final
and irrevocable.
9.2. Settlement of any claim by Lender against Borrower, whether in any proceeding or not, and whether
voluntary or involuntary, shall not reduce the amount due under the terms of this Guaranty except to the extent of the amount
actually paid by Borrower or any other obligated party and legally retained by Lender in connection with the settlement.
10. MISCELLANEOUS.
10.1. Disclosure of Financial Information. Lender is hereby authorized to disclose any financial or other
information about Guarantor to any regulatory body or agency having jurisdiction over Lender or to any present, future or
prospective participant or successor in interest in any loan or other financial accommodation made by Lender to Borrower or
Guarantor. The information provided may include, without limitation, amounts, terms, balances, payment history, return item
history and any financial or other information about Guarantor. Guarantor agrees to indemnify, defend, release Lender, and
hold Lender harmless, at Guarantor's cost and expense, from and against any and all lawsuits, claims, actions, proceedings or
suits against Lender or against Guarantor and Lender, arising out of or relating to Lender's reporting or disclosure of such
information. Such indemnity shall survive the repayment or other satisfaction of the Liabilities.
10.2. Remedies Cumulative. The rights and remedies of Lender, as provided herein and in any other Loan
Document, shall be cumulative and concurrent, may be pursued separately, successively or together, may be exercised as often
as occasion therefor shall arise, and shall be in addition to any other rights or remedies conferred upon Lender at law or in
equity. The failure, at any one or more times, of Lender to exercise any such right or remedy shall in no event be construed as
a waiver or release thereof. Lender shall have the right to take any action it deems appropriate without the necessity of
resorting to any collateral securing this Guaranty.
10.3. Integration. This Guaranty and the other Loan Documents constitute the sole agreement of the parties with
respect to the transaction contemplated hereby and supersede all oral negotiations and prior writings with respect thereto.
10.4. Attorneys' Fees and Expenses. If Lender retains the services of counsel by reason of a claim of a default or
an Event of Default hereunder or under any of the other Loan Documents, or on account of any matter involving this Guaranty,
or for examination of matters subject to Lender's approval under the Loan Documents, all costs of suit and all reasonable
attorneys' fees (and/or allocated fees of Lender's legal counsel) and such other reasonable expenses so incurred by Lender shall
forthwith, on demand, become due and payable and shall be secured hereby.
10.5. No Implied Waiver. Lender shall not he deemed to have modified or waived any of its rights or remedies
hereunder unless such modification or waiver is in writing and signed by Lender, and then only to the extent specifically set
forth therein. A waiver in one event shall not be construed as continuing or as a waiver of or bar to such right or remedy on a
subsequent event.
10.6. No Third Party Beneficiary. Guarantor and Lender do not intend the benefits of this Guaranty to imrre to
any third parry and notwithstanding any term, condition or provision hereof or of any other Loan Document to the contrary, no
third party (including Borrower) shall have any status, right or entitlement under this Guaranty.
10.7. Partial Inval}dity. The invalidity or unenforceability of anyone or more provisions of this Guaranty shall
not render any other provision invalid or unenforceable. In lieu of any invalid or unenforceable provision, there shall be added
automatically a valid and enforceable provision as similar in terms to such invalid or unenforceable provision as may be
possible.
10.8. Binding Effect. The covenants, conditions, waivers, releases and agreements contained in this Guaranty
shall bind, and the benefits thereof shall inure to, the parties hereto and their respective heirs, executors, administrators,
successors and assigns; provided, however, that this Guaranty cannot be assigned by Guarantor without the prior written
consent of Lender, and any such assignment or attempted assignment by Guarantor shall be void and of no effect with respect
to the Lender.
10.9. Modifications. This Guaranty may not be supplemented, extended, modified or terminated except by an
agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
10.10. Sales or Participations. Lender may from time to time sell or assign, in whole or in part, or grant
participations in the Loan, the Note and/or the obligations evidenced thereby. The holder of any such sale, assignment or
participation, if the applicable agreement between Lender and such holder so provides, shall be: (a) entitled to all of the rights,
obligations and benefits of Lender; and (b) deemed to hold and may exercise the rights of setoff or banker's lien with respect to
any and all obligations of such holder to Guarantor, in each case as fully as though Guarantor were directly indebted to such
holder. Lender may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to
give such notice shall not affect any of Lender's or such holder's rights hereunder.
10.11. Jurisdiction. Guarantor irrevocably appoints each and every owner, partner and/or officer of Guarantor as
its attorneys upon whom may be served, by regular or certified mail at the address set forth below, any notice, process or
pleading in any action or proceeding against it arising out of or in connection with this Guaranty or any other Loan Document;
and Guarantor hereby consents that any action or proceeding against it be commenced and maintained in any court within the
Commonwealth of Pennsylvania or in the United States District Court for the Eastern District of Pennsylvania by service of
process on any such owner, partner and/or officer; and Guarantor agrees that the courts of the Commonwealth ofPennsylvania
and the United States District Court for any District of Pennsylvania shall have jurisdiction with respect to the subject matter
hereof and the person of Guarantor and all collateral securing the obligations of Guarantor. Guarantor agrees not to assert any
defense to any action or proceeding initiated by Lender based upon improper venue or inconvenient forum.
10.12. Notices. All notices and communications under this Guarantyshall be in writing and shall be given by either
(a) hand-delivery, (b) first class mail (postage prepaid), or (c) reliable overnight commercial courier (charges prepaid), to the
addresses listed in this Guaranty. Notice shall be deemed to have been given and received: (i) if by hand delivery, upon
delivery, (ii) if by mail, three (3) calendar days after the date first deposited in the United States mail; and (iii) if by overnight
courier, on the date scheduled for delivery. A party may change its address by giving written notice to the other party as
specified herein.
10. 13. Governine Law. This Guaranty shall be governed by and construed in accordance with the substantive laws
of the Commonwealth of Pennsylvania, or the laws of any State in which the Loan was made or is repayable, or the laws of any
State in which any collateral for the Loan is located, at the sole discretion of Lender.
10.14. Joint and Several Liability. If Guarantor consists ofmore than one person or entity, the word "Guarantor"
shall mean each of them and their liability shall be joint and several.
10.15. Waiver of Jury Trial. GUARANTOR AND LENDER AGREE THAT ANY SUIT, ACTION OR
PROCEEDING, WHETHER CLAIM OR COUNTERCLAIM, BROUGHT BY LENDER OR GUARANTOR ON OR WITH
RESPECT TO THIS GUARANTY ORANY OTHER LOAN DOCUMENT OR THE DEALINGS OF THE PARTIES WITH
RESPECT HERETO OR THERETO, SHALL BE TRIED ONLY BY A COURT AND NOT BY A JURY. LENDER AND
GUARANTOR EACH HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND INTELLIGENTLY, AND
WITH THE ADVICE OF THEIR RESPECTIVE COUNSEL, WAIVE ANY RIGHT TO ATRIAL BY JURY IN ANY SUCH
SUIT, ACTION OR PROCEEDING. FURTHER, GUARANTOR WAIVES ANY RIGHT IT MAY HAVE TO CLAIM OR
RECOVER, IN ANY SUCH SUIT, ACTION OR PROCEEDING, ANY SPECIAL, EXEMPLARY, PUNITIVE,
CONSEQUENTIAL OR OTHER DAMAGES OTHER THAN, OR IN ADDITION TO, ACTUAL DAMAGES.
GUARANTOR ACKNOWLEDGES AND AGREES THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT
OF THIS GUARANTY AND THAT LENDER WOULD NOT EXTEND CREDIT TO BORROWER IF THE WAIVERS
SET FORTH IN THIS SECTION WERE NOT A PART OF THIS GUARANTY.
IN WITNESS WHEREOF, Guarantor, intending to be legally bound, has duly executed and delivered this Guaranty
and Suretyship Agreement as of the day and year first above written.
WITNESS:
{
Name:
?R.IYt /? ?• a is r e ((o
CONSTANTINOS MALIOS
0?
Address: T
2_?
7/ S S A ^j o a o,j
INDIVIDUAL ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.:
On this, the day of 2006 before me, the undersigned officer, personally appeared Constantinos
Mahos known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
NOT OYBLIC
(Notarial Seal)
My Commission Expires:
Notarial Seal
Michelle L Brehm, Notary Public
I Susquehanna Twp., Dauphin County
My Commission Expires Nov 13.
2006
\.i8f! l,-, Pennsyhmnl d Associstion? `fir 1 j. • .. .
C:\interim\RedeeminbgChristian\ConfessionODudgmentDiselmureandWaiver4.doe
CAUTION: BY SIGNING THIS DOCUMENT, UNDERSIGNED IS GIVING UP
IMPORTANT LEGAL RIGHTS AND SHOULD CONSULT HIS ATTORNEY IN THE
EVENT HE HAS ANY QUESTIONS REGARDING THE LEGAL EFFECT OF THIS
DOCUMENT.
CONFESSION OF JUDGMENT DISCLOSURE
AND WAIVER FORM
Undersigned has, by executing a Confession of Judgment Promissory Note dated
4 , 2006 (the "Note"), which contains a clause permitting judgment to be
con ssed against him, given upon his right to notice, court trial and hearings. Accordingly, a
judgment may be entered against undersigned without his prior knowledge and regardless of any
claims he may have against Interim Holdings LLC for failure to comply with the Note or any
other agreement, or any other cause.
Also, after judgment is entered, the Sheriff maybe instructed to seize, liquidate, and sell
undersigned's property (including, but not limited to, its personal property, bank accounts and
money) without a hearing or any prior notice to him of the judgment or such action.
Accordingly, undersigned's money or property or both may be promptly taken in order to pay the
amount of the judgment.
. . . . . . . . . . . . . . . . . . .
The undersigned freely, intelligently and knowingly waives his rights to allow
Interim Holdings LLC to exercise the above remedies and waives any defenses he may have
against such action to the fullest extent permitted by applicable law.
WITNESS
CONTANTINOS MALIOS
' r , .. 2
46L'7.5o PO ATTY
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LUNDY, FLITTER, BELDECOS & BERGER, P.C. ATTORNEYS FOR PLAINTIFF
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
-----------------Defendant_----------------
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. Oq - 5948 a-lv;iTerm
CERTIFICATION OF RESIDENCE
I hereby certify that a principal place of business of the Plaintiff and the last known
residence of the Defendant is as set forth in the caption above.
?KLA?BRIE????
DATE: a`J d
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t
: F- TH, P ' ARY
2089 SEAP -2 N-i 2, .0U
LUNDY, FLITTER, BELDECOS & BERGER, P.C
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant_ _
----------------- ---------------
STATE OF MAINE
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. CA - 5g98 0,1y"l-I&M
AFFIDAVIT OF NON-MILITARY
COUNTY OF CUMBERLAND
SS
Susan K. LaBrie, being duly sworn according to law, deposes and states that she is a Manager
of Interim Holdings LLC ("Interim") and, as such, is authorized to make this Affidavit on Interim's
behalf, and that to the best of her knowledge, information and belief, the above-named Defendant is
not in the military or naval services of the United States of American or its allies or otherwise within
the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 or its amendments thereto.
S K. LABRIE
Sworn to and subscribed
before me on this o15day
of August, 2009.
Notary PIic
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LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant
STATE OF MAINE
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. CA - 594$ C1vit T?.rw
AFFIDAVIT OF LENDER
COUNTY OF CUMBERLAND
SS
Susan K. LaBrie, being duly sworn according to law, deposes and states that she is a
Manager of Interim Holdings LLC ("Interim") and, as such, is authorized to make this Affidavit on
Interim's behalf; and that this is not an action by a Seller, Holder or Assignee arising out of a Retail
Installment Sale, Contract or Account.
K. LABRI
Sworn to and subscribed
before me on this 99"-day
of August, 2 09.
Notary P #C
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LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant
STATE OF MAINE
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 179 - 5 95 0-.A-04 LSm
AFFIDAVIT OF BUSINESS PURPOSE
COUNTY OF CUMBERLAND
SS
Susan K. LaBrie, being duly sworn according to law, deposes and states that she is a
Manager of Interim Holdings LLC ("Interim") and, as such, is authorized to make this Affidavit on
Interim's behalf; that the transaction represented by the instruments attached to the Complaint filed
in this matter arose out of a business transaction and was not entered into for family, personal, or
household purposes. Further, judgment is not being entered in this matter against natural persons in
connection with a consumer transaction.
i
S K. LABRIE
Sworn to and subscribed
before me on this a5P'day
of August, 09.
Notary P lic
• pESROe''•.
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LUNDY, FLITTER, BELDECOS & BERGER, P.C
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
-- -------------------------------------
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant.
-----------------------------------------
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. CA - 599 8 ?v ?ITerw.
AFFIDAVIT
STATE OF MAINE
COUNTY OF CUMBERLAND
SS
Susan K. LaBrie, being duly sworn according to law, deposes and states that she is a Manager
of Plaintiff Interim Holdings LLC ("Interim") and, as such, is authorized to make this Affidavit on
Interim's behalf; that the copies of the instruments attached as Exhibits "A" and "B" to the foregoing
Complaint are true and correct copies of the original instruments; and that the information set forth
in the foregoing Complaint is true and correct to the best of her knowled e, information and belief.
K. LA RIE
Sworn to and subscribed
before me on this c?J?ay
of August, 2009.
q??" 4" X?
Notary of ?fblic
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LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
-- -------------------------------------
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant.
-----------------------------------------
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. Og - 5988 0,-twl lerw
AFFIDAVIT OF DEFAULT
STATE OF MAINE
SS
COUNTY OF CUMBERLAND
Susan K. LaBrie, being duly sworn according to law, deposes and states that she is a
Manager of Interim Holdings LLC ("Interim") and, as such, is authorized to make this Affidavit on
Interim's behalf; and that Greater Faith Ministries, Inc. ("Greater Faith") is in default of its
obligations under the Promissory Note attached as Exhibit "A" to the Complaint in Confession of
Judgment, and that the Defendant Constantinos Malios is in default of his obligations under the
instrument attached as Exhibit "B" to the Complaint in Confession of Judgment by virtue of his
failure to cure Greater Faith's default, and as a result of which the sum of $290,273.12 (which
includes interest as of August 20, 2009 and attorney's fees) plus costs of suit became immediately
due and owing as follows:
2
Ar ti
Principal
Accrued Interest as of 8/20/09
Late Charges
Attorneys Fees (15% of principal
pursuant to Note)
TOTAL AMOUNT DUE:
Sworn to and subscribed
before me on this c? 5"'?day ••
of August, 2 09. •••• C,'? .••s;oN F•?eF'',
Notary P 'c
r : •ase?ec
e
i? k,22
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$249,867.07
1,926.00
1000.00
37,480.05
$290,273.12
SUSAN K. LABRIE
,Aft ?
IL t-
RY
2009 S2 •-2 P 'i 2: 0 i
Aa
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
-----------------Defendant_----------------
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. CA-15q99 e'-w i l Te M
PLAINTIFF'S AFFIDAVIT OF DEBTOR'S WAIVER OF RIGHTS
STATE OF MAINE
SS
COUNTY OF CUMBERLAND
Susan K. LaBrie, being duly sworn according to law, deposes and states that she is a
Manager of Interim Holdings LLC ("Interim") and, as such, is authorized to make this Affidavit on
Interim's behalf, that at the time of the signing of the document containing the provision for
judgment by confession in the said matter, the defendant(s)
(X) (1) Earned more than $10,000 annually,
OR
() (2) If annual earnings are less than $10,000, did intentionally,
understandingly, and voluntarily waive:
(a) the right to notice and hearing.
(b) the right of defalcation, i.e. the right to reduce or set off a claim by
deducting a counterclaim.
(c) release of errors.
4
(d) inquest (to ascertain whether rents and profits of defendant's real estate
will be sufficient to satisfy the judgment within seven years).
(e) stay of execution (if defendant owns real estate in fee simple within the
count worth the amount to which the plaintiff is entitled, clear of encumbrances).
(f) exemption laws now in force or hereafter to be passed.
The facts showing such waiver are:
SUSAN K. LABRIE
Sworn to and subscribed
before me on this ay
?.??""'••?,
of August 2009. ?
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C:\InterimHoldings\GreaterFaith\2737 Notice-Malios.doc
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
---------------- Defendant_----------------
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09 - 5998 0-?-t v i ( Terjw
NOTICE TO DEFENDANTS
PURSUANT TO 42 Pa. C.S.A. 2737.1
Rule 2959 of the Pennsylvania Rules of Civil Procedures provides the process you must follow if
you wish to seek relief from a judgment by confession. Rule 2959 provides:
(a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in
subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be
asserted in a single petition. The petition may be filed in the county in which the judgment was
originally entered, in any county to which the judgment has been transferred or in any other
county in which the sheriff has received a writ of execution directed to the sheriff to enforce the
judgment.
(2) The ground that the waiver of the due process rights of notice and hearing was not voluntary,
intelligent and knowing shall be raised only (i) in support of a further request for a stay of
execution where the court has not stayed execution despite the timely filing of a petition for
relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as
provided by Rule 2958.3 or Rule 2973.3.
(3) If written notice was served upon you pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the
petition shall be filed within thirty days after such service. Unless you can demonstrate that there
were compelling reasons for the delay, a petition not timely filed shall be denied.
(b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause
and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff
shall file an answer on or before the return day of the rule. The return day of the rule shall be
fixed by the court by local rule or special order.
(c) A party waives all defenses and objections which are not included in the petition or answer.
(d) The petition and the rule to show cause and the answer shall be served as provided in Rule
440.
t, r%
(e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions,
admissions and other evidence. The court for cause shown may stay proceedings on the petition
insofar as it seeks to open the judgment pending disposition of the application to strike off the
judgment. If evidence is produced which in a jury trial would require the issues to be submitted
to the jury the court shall open the judgment.
(f) The lien of the judgment or of any levy or attachment shall be preserved while the
proceedings to strike off or open the judgment are pending.
(g) If it is determined that you have been incorrectly identified as a defendant in this matter you
will be entitled to costs and reasonable attorneys' fees as determined by the Court. See 42 Pa.
C.S.A. § 2737.1.
ALL Rule references set forth above refer to the Pennsylvania Rules of Civil Procedure.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By:
PH IP D. BERGER, ESQUIRE
Attorney for Plaintiff
Dated:
T)
r l it
SEA`' _2 ?'{`i L o
C:\Interim\GreaterFaith\ConfessionGua. I doc
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
610 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
Defendant.
-----------------------------------------
NOTICE
To:
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
..
NO. -5qq$ ivy 1 lexvn
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that
enclosed herewith is a copy of all the (record) documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY(S): Phillip D. Berger, Esquire at this telephone number: (610) 668-0770.
I?KOTHONOT
q/a/oq
C:\InterimHoldingsvGreaterFaithMinistries\2958.1 Affidavit.-Maliosdoc
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
ATTORNEYS FOR PLAINTIFF
450 N. Narberth Avenue
Narberth, PA 19072-0278
(610) 668-0770
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-5998 Civil Term
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17Q65
----------------- Defendant -J
AFFIDAVIT" OF SERVICE
Phillip D. Berger, Esquire;, counsel for plaintiff, being duly sworn according to law,
hereby states:
1. On September 16,'2009 a 2958.11 Notice in the above matter was sent and served
by certified mail, to defendant IConstantinos M41ios at 715 Sandbank Road, Mount Holly
Springs, PA 17065. A true and: correct copy of the Notice is attached hereto and made a part
hereof as Exhibit "A."
2. The Notice was received at the defendant's last known residence on September
23, 2009 as evidenced by the signature on the return receipt attached hereto and made a part
hereof as Exhibit "B."
3. Therefore, the defendant was properly served with the 2958.1 Notice in this action
pursuant to Pennsylvania Rules of Civil Procedure 295 8. 1 (b)(ii) and 403.
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
Sworn to and subscribed
before me this _1 ? day OCR 5
of October, 2009. By:
PHILLIP D. BERGER, ESQUIRE
Notary Public
Sandrw L. Trudgeon, Notary
Nerdsrth Bam, Montgomery 1
4y Commission Expires June
EXHIBIT A
CAFORMS\22958.1 Nahce.doe
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
(610)668_0770 ----------------------- _-_-
INTERIM HOLDINGS LLC
c/o Capital Servicing, Inc.
50 Portland Pier, Suite 400
Portland, ME 04101
Plaintiff,
V.
ATTORNEYS FOR PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 09-5998
CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
-----------------Defendant.{'
NOITICE UNDER
JUDGt11CENT AND EA
VIA CERTIFIED MAIL ONLY
TO: CONSTANTINOS MALIOS
715 Sandbank Road
Mount Holly Springs, PA 17065
A judgment in the amount) of $290,273.
Interim Holdings LLC without any prior notice
contained in a written agreement or other paper
your money or other property to pay the judgme
RULE 2958.1 OF
THEREON
has been entered against you and in favor of
hearing based on a confession of judgment
signed by you. The Sheriff may take
at any time after thirty (30) days after the date
on which this notice is served on you.
You may have legal rights' to defeat the
from being taken. YOU MUST FILE A PET17
JUDGMENT AND PRESENT rt TO A JUDO
DATE ON WHICH THIS NOTICE IS SERVE
RIGHTS.
or to prevent your money or property
SEEKING RELIEF FROM THE
WITHIN THIRTY (30) DAYS AFTER THE
ON YOU OR YOU MAY LOSE YOUR
¦
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT MERE YOU CAN GET LEGAL HELP.
La?''er Referral Service
Cumberland County Bar Association
2 Li?erty Avenue
Carlisle, PA 1701
(717) 249-3166
By:
LUNDY, FLITTER, BELDECOS & BERGER, P.C.
D. BERGER, ESQUIRE
for Plaintiff
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,1 Dated: 1471
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item 4 if Restricted s desired.
Print your name and on the rovers
so that we can ratumd to you.
Attach this card to thof the mailpiec
or on the front N spaits.
1. Article Addressed to:
A. Sigrtatrxe
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B. Received by (ft ted Name) C. Dei
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D. is delivery address different from item 1-f? *
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4. Restricted neuwp (Ek6a Fee) p Yes
2. Article rftMr 7008 3 30 0000 3313 7057
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RS Form 3$11, FbbrWW Rettan Recelpt 102595-02401.1540
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2009 OCT -5 AMID: 38
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PDB/Interim/GreaterFaith/Praecipe to Amend Caption.doc
LUNDY, FLITTER, BELDECOS &BERGER, P.C. ATTORNEYS FOR PLAINTIFF
By: PHILLIP D. BERGER, ESQUIRE
Identification Number: 58942
450 N. Narberth Avenue
Narberth, PA 19072-0278
(610 668_0770
---------------------------------
INTERIM HOLDINGS LLC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
v.
CONSTANTINOS MALIOS
NO. 09-5998 Civil Terni
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Defendant. ~'`' F:j=; c-- -'
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PRAECIPE TO AMEND CAPTION ~ ~' t;-
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TO THE PROTHONOTARY: _ ~-°
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Kindly amend the caption in this matter to reflect that the correct spelling of Deferf~dnt's
name is CONSTANTINOS MALLIOS.
LUNDY, FLITTER, BELDECOS &BERGER, P.C.
By:
PHILLIP D. BERGER, ESQUIRE
Dated: _ ~ ~e~ ~~(,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
INTERIM HOLDINGS LLC
Plaintiff,
NO. 2009-5998
CIVIL ACTION
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CONSTANTINOS MALIOS
Defendants
JUDGMENT
TO THE PROTHONOTARY:
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Please release the lien of Judgment No. 2009-5998 in the amount of $290,273.12 as, properties known as:
1. Deed Book 31-K, page 728, Tax ID 40-12-0340-022,36.89 acres
2. Deed Book 277, page 2628, Tax ID 40-12-0340-017B, 27.32 acres
3. Instrument # 200832777, Tax ID 40-12-0340-142, 8.55 acres
4. Instrument #200832776, Tax ID 40-12-0340-034, 9.75 acres.
Respectfully Submitted,
Dated: 1 011 L,
Jo Sammarco, Sr. Loan Officer
Aeccessor tic National Trust
to Interim Holdings LLC
50 Portland Pier, Suite 400
Portland, ME 04101
Tel: 207-553-2000 Ext. 219
the